Labor and Employment Litigation: Key Insights

Even the most careful employer may face labor and employment  litigation brought by an employee at some point.

Good intentions and the absence of discrimination don’t guarantee immunity from challenges, including intentional discrimination claims, wage and hour disputes (like misclassification and overtime issues), ADA accommodation disputes, and compliance with various laws.

Labor and Employment Litigation
Labor and Employment Litigation. Source (Reddit)

What is labor and employment litigation?

Labor and employment litigation involves lawsuits by employees against employers for unjust or illegal workplace actions.

It ensures safety, equal opportunity, and fair compensation at work. While suing an employer for workplace issues may seem challenging, the right legal team can lead to success.

When labor and employment litigation applies

Employment litigation varies case by case, without a fixed template for qualification or case-building.

However, common issues in past cases include discrimination based on race, religion, gender, sexual orientation, disability, or culture.

Discrimination can affect pay, opportunities, benefits, or other actions based on social or economic status.

Harassment cases also occur, where excessive negative behavior targets an individual at work. In many instances, employer retaliation violates labor laws.

How to Sue Your Employer?

Labor and employment litigation can apply when an employee feels unfairly treated by their employer, regardless of the specific reason for the lawsuit.

Whether it’s discrimination, harassment, or wrongful termination, law firms’ experienced attorneys assess each case, provide legal advice, and build strong cases.

Experienced attorneys have the skills and resources to build strong litigation cases.

What do labor and employment litigation attorneys do?

Labor and employment attorneys are involved in disputes on both the labor and management sides.

They work in various settings, such as private firms, nonprofit organizations, and government agencies.

These attorneys typically specialize in representing employers, employees, or unions, but there are exceptions, like executives or non-competition agreements.

Litigation is a significant aspect of employment law practice, sometimes integrated into general litigation groups within large law firms.

While federal laws govern many aspects of labor and employment, states and localities have their own rules. Non-competition clauses can lead to state or local court disputes.

Alternative dispute resolution methods like mediation, negotiation, and arbitration are also common.

These usually revolve around contract-related issues between employees and employers.

Labor lawyers may be involved in organizing or opposing union efforts.

Those in government agencies focus on rulemaking and enforcement, while private practitioners offer advice on various HR matters, from background checks to discrimination claims and employment classifications.